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Downum v. United States, 372 U.S. 734 (1963)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Downum v. United States, 372 U.S. 734 (1963)
Downum v. United States No. 489 Argued March 20, 1963 Decided April 22, 1963 372 U.S. 734
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
In a Federal District Court, petitioner was indicted on six counts for federal offenses. When his case was called for trial, both sides announced ready. A jury was selected and sworn and instructed to return at 2 p. m. When it did so, the prosecution asked that the jury be discharged because a key witness on two counts was not present. Petitioner moved that those to counts be dismissed for want of prosecution, and that the trial continue on the remaining counts. That motion was denied, and the judge discharged the jury over petitioner’s objection. Two days later, the case was called again; a second jury was impaneled, and petitioner pleaded former jeopardy.
Held: In the circumstances of this case, that plea should have been sustained. Pp. 734-738.
300 F.2d 137 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Downum v. United States, 372 U.S. 734 (1963) in 372 U.S. 734 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=YMVGRH7F28FCM16.
MLA: U.S. Supreme Court. "Syllabus." Downum v. United States, 372 U.S. 734 (1963), in 372 U.S. 734, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YMVGRH7F28FCM16.
Harvard: U.S. Supreme Court, 'Syllabus' in Downum v. United States, 372 U.S. 734 (1963). cited in 1963, 372 U.S. 734. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=YMVGRH7F28FCM16.
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